Terms of Service
Commercial Use: For commercial use please contact Oscar Colman Portrait Studio to setup a separate licensing agreement.
Failure to Perform: If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the session fee to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Photographer will reshoot at a 30% discount from the original session fee. Client will be permitted to order prints from the second portrait session only. In the unlikely event that the finished product from a portrait session is unusable due to camera or memory card failure, Photographer will reshoot at no additional charge.
If you would like to omit the model release, please inform us prior to the session.
Model Release: Client grants to Oscar Colman Portrait Studio and his legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s and all persons, pets and property photographed at the location listed herein, or in which Client may be included for editorial, trade, advertising, portfolio and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Oscar Colman Portrait Studio and his legal representatives and assigns from all claims and liability relating to said photographs.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Oscar Colman Portrait Studio and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Oscar Colman Portrait Studio.
The undersigned have read and agree to all the terms of this contract.
Booking Date: [ / / ]
Portrait Photography Agreement
This agreement is between Oscar Colman Portrait Studio, hereinafter referred to as the "Photographer", operating in the State of Oscar Colman Portrait Studio, and the signers of this portrait photography agreement refered as [CUSTOMER-NAME], hereinafter referred to as the "Client", collectively referred to as the "Parties".
The package list and price list and/or documents attached to this contract are integral parts of this document. The contract terms, agreement, and price list are the only legally binding documents between the Parties.
Client Name:[ ]
Address Name :[ ]
Email: [ ]
Photographer Name: Oscar Colman Portrait Studio
Address Name : 201B/ 16-28 Foster St, Surry Hills, Sydney, Australia
Email: [email protected]
This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Model’s [ ] (the “Model”), for good and valuable consideration, the receipt of which is acknowledged, hereby grants to Oscar Colman Portrait Studio, (“Company”), its legal representatives, assignees, and those acting under its authority, the unrestricted right and permission to copyright and/or use, and/or publish photographic portraits or pictures of the Model (the "Pictures"), and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which Model may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, in any media for advertising or any other lawful purpose.
Model hereby relinquishes any right that he/she may have to examine or approve the finished product or products or the advertising copy or printed matter that may be used in connection with an image that Company has taken of the Model, or the use to which it may be applied. Model waives any ownership and publication right he/she might be entitled of in connection with the Pictures, with the exception of the personal use of the Pictures as part of personal modeling portfolio. Model agrees he/she has no right to sell, license or publish any of the Pictures to any person or entity.
Model further releases Company its parent company, subsidiaries, affiliates, officers, agents, servants, or employees (“Releasees”) from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of these images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting the Model to conspicuous ridicule, scandal, reproach, scorn and indignity. Model also waives any and all claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by Model, or any of the property belonging to Model, whether caused by the negligence of the Releasees, or otherwise, while performing the photography session, or while in, on or upon the premises where the photography session was performed.
It is the express intent of Model that this document shall bind all members of Model’s family, heirs, assignees and personal representatives.
Model represents that he/she is 18 year or older, that the photography session was conducted in a completely proper and highly professional manner, and this release was willingly signed.